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Why is police discretion necessary
Police discretion
Police use of discretion
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The textbook defines police discretion as the use of individual judgement, instead of formal rules, in decision making (Bohm & Haley, 2012). The use of discretion is important because patrol officers cannot be expected to make an arrest for every violation of the law they encounter. For example misdemeanor violations are generally handled differently than felony violations. Minor traffic violations may be handled differently based on the demeanor of the suspect. Patrol officers generally have the latitude to use discretion in a given situation (Bohm & Haley, 2012). Full enforcement is defined by the practice of police officers making an arrest for every violation they encounter. Selective enforcement relies on the judgment of the individual officer to determine which laws to enforce (Bohm & Haley, 2012). The writer has already stated that police officers cannot be expected to …show more content…
The writer contends that community policing can bridge the gap in trust between the community and police departments. Community policing allows citizens to get to know their community police officers. The relationship can have a positive impact on reducing crime. The writer contends that police officers must be able to use good judgement when they encounter violations. Selective enforcement is a key element of having a successful community policing program. Selective enforcement also has its critics. Critics will point out the inconsistencies with regard to selective enforcement. Critics argue that enforcement can be based on race, culture, and social status. Recent studies paint a different picture. A federal study of police and public contracts revealed that police stops are fairly similar across racial lines. The study revealed that whites are stopped at a rate of 8.9%, blacks at 8.1%, and Hispanics at 8.9%. The study did reveal that blacks are more likely to be search and arrested if they are stopped (Bohn & Haley,
The Stop and Frisk program, set by Terry vs. Ohio, is presently being implemented by the New York Police Department. It grants police officers the ability to stop a person, ask them questions and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fall under assault and are irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identifying himself as a police officer, and making reasonable inquiries.
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
I think police discretion is very common. Police officers exercise the choice of whether to question someone, arrest a suspect as well as several other duties and each of these decisions are made without the presence of supervision so perhaps this is the reason it exists. Discretion may be decreased but I don’t think it can be eliminated, even with supervision police officers together hold the authority to make discretionary decisions even if the public disagrees with their tactics. I don’t necessarily think police discretion should not be eliminated because, majority of the decisions that are made by them are made in the best interest of the public or victim.
The author focuses on the U.S. Task Force on 21st Century Policing and Police Data Initiative or PDI to determine if it helps to restore trust and the broken relationship between and communities and police officers. The Task Force made by Barack Obama recommended the analysis of department policies, incidents of misconduct, recent stops and arrests, and demographics of the officers. The PDI has tasked 21 cities to comprehend the police behavior and find out what to do to change it. Also PDI was said to have data and information on vehicle stops and shootings by police officers. The use of statistics has a purpose to help rebuild trust and the relationship between and communities and police officers.
In 1990, there was a total of 2,245 murders in New York, but over the past nine years, this total has been less than 600 (NYCLU). However, there has not been evident proof that the stop-and-frisk procedure is the reason of the declination of the crime rate. Indeed, stop-and-frisk contributes to some downturn of crime but the number is not high enough for the citizen and police to rely on. Specifically, only 3% of 2.4 million stops result in conviction. Some 2% of those arrests – or 0.1% of all stops – led to a conviction for a violent crime. Only 2% of arrests led to a conviction for possession of a weapon (Gabatt, A., 2013). In other words, the decrease in crime due to stop-and-frisk is mostly due to the discovery of possessed of weapons. Therefore, stop-and- frisk is not an effective procedure to use because it does not represent a huge impact in people’s safety (Gabatt, A., 2013). The author has done research about how police base their initiation towards the procedure of stop-and-frisk. Researchers have found that stop-and-frisk is a crime prevention strategy that gives a police officer the permission to stop a person based on “reasonable suspicion” of criminal activity and frisk based on “reasonable suspicion” that the person is armed and dangerous. This controversy is mainly because of racial profiling. “Reasonable suspicion” was described by the court as “common sense” (Avdija, A., 2013). Although, the
As a result of the recent rise of the use of excessive force cases against police and law enforcement, I have chosen to research the definition of that excessive force. When is it considered justifiable? What training do officers receive? What liability issues are there? In an ABC news article, Sascha Segan states there is no specific definition of excessive force. A part of everyday police work is to subdue criminal and suspects. Another everyday task of police officers is personal discretion - making the right decision based on the specific situation. It has been documented in multiple viral videos that law enforcement officer’s discretion is not always favorable in the public eye and is quick to be judged. Yet shouldn’t we be asking if the officer’s actions were justifiable within the court system and if
In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field. A police officer will have no choice but to use discretion in certain situations and make decisions on what type of force or punishment is necessary for the situations. Many people in the society always believe that police officers can make any decision they wish to at any time while working. This is very wrong because there are situations whereby a police officer or even the chief of police has no other choice, but to follow the law in making decisions. The role of the police administrator is double challenging because, he/she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members ...
Police discretion is structured and controlled by the kind of situation that the police must deal with (Wilson, 1968). Wilson (1968) delineates four different situations. Police-invoked law enforcement, citizen-invoked law enforcement, police-invoked order maintenance, and citizen-invoked order maintenance.
“Discretion is the perfection of reason, and a guide to us, in all the duties of life” (Jean de La Bruyère, n.d), this quote epitomises the use of discretion in life moreover in policing. Police discretion is a constant consideration within the law enforcement. Many people are of the view that police discretion is both an essential part of policing as well as a constant source of issues. There has been a constant quandary between enforcing the law to the latter. Police officers are faced with a vast array of situations each day which they must deal with, in which no two circumstances they encounter are the same. Moreover officers are frequently placed in the position of formulating decisions on how to handle a specific matter alone, without immediate supervision or any additional advice. The purpose of this paper is to examine the controversial topic of police discretion. Discretion in policing is an imperative aspect thus herein the benefits of the exercise of discretion will be explored. By firstly defining what the term discretion refers to and how it fits within the context of policing. Next, factors that influence police discretion will be discussed. Finally an examination of explanations supporting discretion will be articulated, which will illustrate why police discretion is essential in policing.
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
A police officer is a law enforcement official whose job is to protect and serve all people, not to ignore racial equality. Because the U.S consists of many different races and ethnic groups, the ongoing conflict between police officers and citizens of color is constantly rising. Although police officers today are no longer allowed to have racial bias, which can be described as, attitudes or stereotype used against individuals of color to define their actions and decisions, officers sometimes abuse their authority going around racial impact tools and policies. This results in citizens viewing it as discrimination and mass criminalization. By changing the way laws and regulations unfairly impact Black and Brown communities can improve the justice
Police officers use discretion in a broad manner. Depending on a situation I can issue a verbal warning, a citation, or an arrest. However, when taking a course of action in a situation I want to make sure I have a reason as to why I gave them the punishment that I did. Discretion in the criminal justice system is based off of efficiency, safety, and justice.
Over the last decade, police departments have increasingly embraced the community oriented policing model (Breci & Erickson, 1998). Community oriented policing is proactive instead of reactionary. It is “based on the philosophy that the police and the community work together to solve problems” (Breci & Erickson, 1998, p.18). “A Police department must be pro-active, reaching out to a community with whom it will work” (Thayer & Reynolds, 1997, p.2). In their 1998 article in the June edition of the FBI Law Enforcement Bulletin, Breci and Erickson identify several principles associated with community policing. Officers must be given the discretion and authority to solve problems instead of passing them up the chain of command in the military model. The police department and community organizations must establish partnerships recognizing that the police by themselves cannot solve all problems. Officers must be relieved of other duties so that they have time to interact with...
Law enforcements have the moral responsibility to make decisions for our society to become better as a whole. It is very vital for officers to follow protocols when on duty to ensure, they are making the proper judgement calls when encountered by any given situation. In the criminal-justice field, especially as an officer, there has to be a moral understanding where he or she possesses the characteristic of doing the right thing at all times to ensure public safety. The community is very diverse within its population, with law enforcement creating relationships whereas the community feels protected it can certainly decrease numbers of incidents developing. Although, not all police officers live up to the expectation within their community,
To conclude, Community policing represents a major development in the history of American law enforcement, but the extent to which this approach is a success and dominates contemporary policing remains a source of debate. In my point of view, community policing is good for communities. It has challenged the traditional concept of the police as crime-fighters by drawing attention to the complexities of the police role and function. In addition to the police officer hard work; citizens can also make a difference and contribute to make neighborhoods a better place to live. For instance, citizens can hold community meetings to talk about concerns and agree on solutions help organize healthy activities for children in your neighborhood, join or starting a neighborhood crime watch program, and talk to your community police officers and share information and concerns.